S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1029
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M. of A. CAHILL, WALKER -- read once and referred to the
   Committee on Insurance
 
 AN ACT to amend the insurance law,  in  relation  to  the  provision  of
   supplemental  spousal  liability  insurance to persons who are insured
   for loss resulting from the ownership, maintenance and use of a  motor
   vehicle

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (g) of section 3420 of  the  insurance  law,  as
 amended  by  chapter  584  of  the  laws  of 2002, is amended to read as
 follows:
   (g) [No] (1) EXCEPT AS OTHERWISE PROVIDED IN  PARAGRAPH  TWO  OF  THIS
 SUBSECTION,  NO policy or contract shall be deemed to insure against any
 liability of an insured because of death of or injuries to  his  or  her
 spouse or because of injury to, or destruction of property of his or her
 spouse   unless  express  provision  relating  specifically  thereto  is
 included in the policy [as provided in paragraphs one and  two  of  this
 subsection].  This  exclusion shall apply only where the injured spouse,
 to be entitled to recover,  must  prove  the  culpable  conduct  of  the
 insured spouse.
   [(1) Upon written request of an insured, and upon payment of a reason-
 able premium established in accordance with article twenty-three of this
 chapter, an] (2) (A) EVERY insurer issuing or delivering any policy that
 satisfies the requirements of article six of the vehicle and traffic law
 shall  provide  coverage  IN SUCH POLICY against liability of an insured
 because of death of or injuries to his or her spouse up to the liability
 insurance limits provided under  such  policy  even  where  the  injured
 spouse,  to  be  entitled to recover, must prove the culpable conduct of
 the insured spouse, UNLESS THE INSURED ELECTS, IN WRITING  AND  IN  SUCH
 FORM AS THE SUPERINTENDENT DETERMINES, TO DECLINE AND REFUSE SUCH COVER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01416-01-1
              

 A. 1029                             2
 
 AGE  IN  HIS  OR  HER  POLICY. Such insurance coverage shall be known as
 "supplemental spousal liability insurance".
   [(2)]  (B)  Upon  issuance,  RENEWAL  OR  AMENDMENT of a motor vehicle
 liability policy that satisfies the requirements of article six  of  the
 vehicle  and traffic law [and that becomes effective on or after January
 first, two thousand three, pursuant to regulations  promulgated  by  the
 superintendent],  the  insurer shall notify the insured, in writing, [of
 the availability of] THAT SUCH POLICY SHALL INCLUDE supplemental spousal
 liability insurance UNLESS THE INSURED DECLINES AND REFUSES SUCH  INSUR-
 ANCE,  IN  WRITING AND IN SUCH FORM AS SHALL BE DETERMINED BY THE SUPER-
 INTENDENT.  Such notification shall be contained on  the  front  of  the
 premium  notice  in  boldface  type and include a concise statement that
 supplementary spousal coverage is [available] PROVIDED  UNLESS  DECLINED
 BY  THE  INSURED,  an  explanation  of  such coverage, and the insurer's
 premium for such coverage. [Subsequently, a notification of  the  avail-
 ability of supplementary spousal liability coverage shall be provided at
 least once a year in motor vehicle liability policies issued pursuant to
 article  six  of the vehicle and traffic law, including those originally
 issued prior to January first, two  thousand  three.  Such  notice  must
 include  a  concise  statement  that  supplementary  spousal coverage is
 available, an explanation of such coverage, and  the  insurer's  premium
 for such coverage.]
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 policies  issued,  renewed  or modified on or after such date. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.